1. The Starfish and the Spider: The Unstoppable
Power of Leaderless Organizations
• Change in Organizational
Modeling
•Examples: Apache open
source software,
Wikipedia, Alcoholics
Anonymous, eBay, Skype,
Facebook, LinkedIn
•Sunni Awakening strategy
employed by General
David Petraeus in Iraq
2. IP Enforcement: Holistic Strategy
• Strategies
– Creating a climate of deterrence
– Counterfeiter generally won’t stop, it’s too lucrative, so best to move
them away from your brand to another less aggressive rights holder
– Combination of Customs Watch List, police raids, warnings and follow
up, market patrols, calling cards, threats of civil action, publicity: bring all
weapons to bear on the source to decrease their ROI.
– Rational party will move away from the brand which is turning up the
heat
– Strategy is most effective when different affected brands in the same
industry work together to share intelligence and costs: e.g., software
alliance, sports apparel, electronics, video games, pharma, cosmetics,
tobacco. More bang for the (limited) budget
3. 3
– Tactics: Investigation: Tracking Source of Supply
• Developing leads- client info network
• Private Investigators
• Customs & Immigration
• Hotline- phone and email
• Informants and law enforcement tipsters
• Trap purchase: building trust and confidence: Follow the money trail
• Tracing phone/emails of vendor/supplier (no privacy in Thailand)
• Surveillance of retail and internet sales
• Placing CI in supply chain as employee for 2-3 months
• Discovery not available in civil procedure so must obtain documents
surreptitiously
• Flipping low level operators (carefully) to work up the food chain
IP Enforcement: Holistic Strategy
6. Main Traits of Starfish Model
• No “head” or CEO ... Decentralized intelligence
• Starfish is a neural network, made up of cells
• Skill and knowledge distributed throughout the
the network- “white collar” criminal service
providers . . .
• Community and results based
• Circles form around ideology
• Instead of rules, they depend on norms, which
foster trust and equality
7. The Role of Catalyst: The New Tony
Soprano
• A Catalyst is an inspirational figure who spurs others to
action
• Spends time communicating , time writing e-mails to the
community. Always touching base - people oriented.
• Offers an incredible level of freedom. Does not micro-
manage. No controls, no schedules, no direction. Hands-Off
Approach.
• The networks are effective because a catalyst empowers
people. Trust is placed in people to act and function
effectively.
• The Catalyst gets out of the way and lets people do their
best. This creates a platform for creativity and innovation.
Starfish organizations need ambiguity to survive.
8. What Does This Mean for You?
• Some thoughts to consider in taking on a starfish
organization
– Decentralize yourself- if you can’t beat them, join them.
– The best opponent for a starfish organization is often
another starfish
– Change has been so rapid that industries and governments
have found themselves employing outdated strategies.
There are new rules to the game.
– This is a lean approach . . . This large decentralized
network of users wreaks havoc on the competition.
– As counterintuitive as it sounds, it can be better to be
small.
– Starfish organizations create communities
9. Questions?
• Edward J Kelly, Co-Founder - The Atherton
Group
• edwardk@athertonlegal.com
• ekelly_in_thai@yahoo.com
• +6689 526 5305
• www.athertonlegal.com